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AMERICAN POLICYHOLDER'S INS. CO. v. BAKER

No. 79-175.

119 N.H. 958 (1979)

AMERICAN POLICYHOLDER'S INSURANCE CO. v. LOUIS BAKER, ADMINISTRATOR, ESTATE OF CRAIG BAKER, AND HELEN KIRATSOS, ADMINISTRATRIX, ESTATE OF JOHN BECK LOUIS BAKER, ADMINISTRATOR, ESTATE OF CRAIG BAKER v. HELEN KIRATSOS, ADMINISTRATRIX, ESTATE OF JOHN BECK

Supreme Court of New Hampshire.

December 28, 1979.

Attorney(s) appearing for the Case

Wiggin & Nourie, of Manchester (Gordon A. Rehnborg, Jr., orally), for the plaintiff, American Policyholder's Insurance Co.

Gall, Shapiro & Groff, of Nashua (William J. Groff orally), for the defendant, Louis Baker, administrator of the estate of Craig Baker.

BOIS, J.

This is a petition for declaratory judgment brought by American Policyholder's Insurance Co., arising from a wrongful death action brought against its insured. Defendants in this petition are the insured and the claimant in the underlying action. The issues are whether the administratrix of the estate of the insured legally waived the nonclaim provision of RSA 556:1, and whether such a waiver, if valid, violated...

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